DEAR SUZANNE
By Suzanne Henderson
LETTER 87 – January 2023 | Furious
Dear Suzanne,
As a single mother of two who recently went through a divorce, dealing with unexpected car problems is the last thing I need. Unfortunately, that’s the reality I find myself living in. I bought a brand new 2021 Mazda CX5 with only 15,000 miles on it, but I’ve already had to take it to the dealership for repairs twice.
The first time was shortly after purchasing the car when I had issues with the infotainment system. Whenever I tried to connect my Android phone to the car, it would glitch and not display on the screen. I tried changing the cord several times, but the problem persisted. When I took it to the dealership, they couldn’t test the problem because they only had iPhones.
They suggested it was the cord, but even after changing it multiple times, the issue persisted. I left my car with them to troubleshoot, but when I picked it up, they claimed they couldn’t find any issues. I felt frustrated and stuck with the problem.
The next issue came when my car wouldn’t start after coming to a halt. The dashboard lights would flicker, but the car wouldn’t start. This left me stranded several times, and I had to call for roadside assistance on three occasions in the past month alone. One time, I had the battery replaced, and the problem seemed to be resolved. However, it continued to happen, and I became furious and called the dealership. They suggested I bring it in, but since I had just replaced the battery, I didn’t understand why it was happening again.
In addition to these issues, I also had an alleged false alarm about a brake failure that kept popping up on the car app on my phone. The dealership dismissed it as a simple glitch, but I was worried about the potential danger of a real brake failure. They eventually resolved the issue, but it left me feeling uneasy and uncertain about the car’s safety.
Dealing with all these issues, along with the emotional toll of a divorce and taking care of two children, has been overwhelming. I never thought I would consider requesting a lemon law, but at this point, I am not looking to keep the vehicle. I just want a reliable car that I can count on to get me and my children where we need to go.
Furious.
Your Car Dealer Seems Out Of Touch
Dear Furious,
I’m sorry to hear that you have to deal with these two major issues simultaneously, it is definitely a lot and I can only imagine. The thing with cars like yours is that they are quite defective and often experience issues with the electrical, engine, and transmission. This is why it is good to always know that lemon law is there for you.
The way that lemon law works in the state of California is that if your vehicle has been to the Mazda dealership for at least twice in regards to the same issue or three or more times regarding different issues, then it unfortunately qualifies as a lemon. But the good thing is that it then becomes eligible as a lemon law case. However, each of these visits must have been done within the manufacturer warranty period as lemon law covers only manufacturer warranty and nothing extended.
For your manufacturer warranty, there is the basic and there is the powertrain. The basic warranty covers anything bumper-to-bumper i.e electrical, power steering, and brakes, and it expires after 3 years or 36,000 miles. As for the powertrain warranty, it expires after 5 years or 60,000 miles and it covers anything engine and transmission. So, if you experience any jerking, shaking, or delay in acceleration, which is quite common with your vehicle, you can still take your car in for repairs since you’re still covered.
Fortunately, you’re still on very low miles and still within the warranty period. As a result, there’s enough wiggle room as to what your attorney can do for you with regards to your options. But it is best to begin with it as soon as possible to avoid any more deductions or any form of push backs from the manufacturers.
Now, in lemon law cases, there are generally two options. One is called the buyback and it means that the manufacturers are going to be buying back the vehicle and simultaneously, refunding all that you have spent towards the vehicle. And this is going to include your down payment, monthly payments, and your taxes and interest are included as well. Also, if you took a loan on the vehicle, your manufacturer would have to pay that off for you in full and as such, your credit goes up.
The only deduction, however, that can be taken from this is known as the mileage. And it simply means that the automakers have the right to charge you for the time you drove the car without any issues. This will be calculated based on the mileage you were at during your first visit.
Now, at 2k to 3k miles, there isn’t much that they can deduct since you took it early on so there is no cause for worry. However, be it a large or small amount, your attorney can get them to waive that fee in full or half considering they sold you a defective vehicle.
The second option is the cash and keep. It is basically just cash compensation for the issues you’ve been experiencing while you still get to keep the car. With this option, you’re more than welcome to keep the vehicle, your warranty will not be voided or canceled. And if you later down the line decide to sell the vehicle, you can do so without deeming it a lemon to the next owner.
So those are the two options available to you and you can pick anyone, it’s totally up to you.
Now, you mentioned that you purchased your vehicle at a dealership in California and this gives an added bonus. And this bonus is that since all lemon law cases are taken fully on contingency in California, it means you will not be charged any attorney fees. This is because all legal bills will be charged to the manufacturers’ account. And as such, 100% of the settlement amount won is solely yours.
Not only that, once your case gets started, you can keep on driving your vehicle and taking it in for repairs whenever you notice an issue, in fact, it is encouraged. This is because more visits will help strengthen your case as the more visits you have, the more proof you have of the vehicle’s defects, and the more money you can win. It is just best that you get the repair orders for each of the subsequent visits so your attorney can add them to your case file.
Suzanne
PS. If you think your vehicle sucks and want to actually do something about it, you definitely can! Find out quickly if you have a case by visiting www.yourvehiclesucks.com right now. This website is owned by our partner law firm Quill & Arrow LLP, California’s #1 “settled” Lemon Law attorneys.
Free Legal Advice About Your 2021 Mazda CX5 Lemon Law Claim
Dear reader, are your vehicle problems ruining your life? Confused about what legal route to take? We’re here to help! Find information about California’s lemon law protections here, fill out the form on this page, or give us a call at (323) 553-7525 to discuss your situation with someone who understands how frustrating it can be to have a lemon car, and what to do about it.
DEAR SUZANNE is a weekly column written by Suzanne Henderson and published in LemonLawyers.ORG. If you have a defective lemon vehicle and have questions about CA Lemon Lawyer or how to file a claim in California, please write to [email protected]. While not guaranteed, we will try to feature your letter in this column to provide you the answers you need, as well as enlighten other consumers who may have lemon problems similar to yours.
Disclaimer: Suzanne Henderson is not a lawyer and the points discussed here are intended for general information and reference purposes only and not to be construed as legal advice. Please consult a CA Lemon Law Attorney to get proper legal advice about your lemon law claim.
Related Articles:
- Eight Things You Need To Know About California Lemon Law
- How To Avoid Buying A Lemon & What To Do If You Already Bought One
- 7 Mistakes You Don’t Want To Make When Filing A Lemon Law Case
Featured Image:
- 2021 Mazda CX5 ©Tokumeigakarinoaoshima (CC BY-SA 4.0 License)
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